China's Long March toward Rule of Law

Author: Randall Peerenboom
Publisher: Cambridge University Press
ISBN: 9780521016742
Published In: September 2002
Format: Paperback , 692 pages
Jurisdiction: China ? Disclaimer:
Countri(es) stated herein are used as reference only

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China has enjoyed considerable economic growth in recent years in spite of an immature, albeit rapidly developing, legal system, a system whose nature, evolution and path of development have been poorly understood by scholars. Drawing on his legal and business experience in China as well as his academic background in the field, Peerenboom provides a detailed analysis of China's legal reforms. He argues that China is in transition from rule by law to a version of rule of law, though most likely not a liberal democratic version as found in economically advanced countries in the West. Maintaining that law plays a key role in China's economic growth, Peerenboom assesses reform proposals and makes his own recommendations. In addition to students and scholars of Chinese law, political science, sociology and economics, this will interest business professionals, policy advisors, and governmental and non-governmental agencies as well as comparative legal scholars and philosophers.

Contests the prevailing view that there has been no fundamental legal change in China
Provides a detailed analysis of China's legal reforms by a scholar who has worked in international law in China
Addresses relationship between law, economic development and political reforms, and offers policy advice for foreign governments, aid agencies, and NGOs

1. Introduction
2. The evolution of rule of law in China: the role of law in historical context
3. Post-Mao reforms: competing conceptions of rule of law
4. Rule of law and its critics
5. Retreat of the party and State
6. The legislative system: battling chaos
7. The judiciary: in search of independence, authority and competence
8. The legal profession: the quest for independence and professionalism
9. The Administrative Law regime: reining in an unruly bureaucracy
10. Rule of law and economic development
11. Rule of law, democracy and human rights
12. Conclusion: the future of legal reform.

Randall Peerenboom
University of California, Los Angeles